Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 50 (1993)

Page:   Index   Previous  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  Next

Cite as: 508 U. S. 520 (1993)

Opinion of Souter, J.

exercise case. See Bowen v. Roy, 476 U. S., at 706-707; id., at 705, n. 15; Yoder, 406 U. S., at 218; see also McDaniel v. Paty, 435 U. S., at 628, n. 8 (noting cases in which courts considered claims for exemptions from general criminal prohibitions, cases the Court thought were "illustrative of the general nature of free-exercise protections and the delicate balancing required by our decisions in [Sherbert and Yoder,] when an important state interest is shown").

As for the cases on which Smith primarily relied as establishing the rule it embraced, Reynolds v. United States, 98 U. S. 145 (1879), and Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940), see Smith, supra, at 879, their subsequent treatment by the Court would seem to require rejection of the Smith rule. Reynolds, which in upholding the polygamy conviction of a Mormon stressed the evils it saw as associated with polygamy, see 98 U. S., at 166 ("polygamy leads to the patriarchal principle, and . . . fetters the people in stationary despotism"); id., at 165, 168, has been read as consistent with the principle that religious conduct may be regulated by general or targeting law only if the conduct "pose[s] some substantial threat to public safety, peace or order." Sherbert v. Verner, 374 U. S., at 403; see also United States v. Lee, 455 U. S., at 257-258; Bob Jones University, 461 U. S., at 603; Yoder, supra, at 230. And Gobitis, after three Justices who originally joined the opinion renounced it for disregarding the government's constitutional obligation "to accommodate itself to the religious views of minorities," Jones v. Opelika, 316 U. S. 584, 624 (1942) (opinion of Black, Douglas, and Murphy, JJ.), was explicitly overruled in West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 642 (1943); see also id., at 643-644 (Black and Douglas, JJ., concurring).

Since holding in 1940 that the Free Exercise Clause applies to the States, see Cantwell v. Connecticut, 310 U. S. 296, the Court repeatedly has stated that the Clause sets strict limits on the government's power to burden religious exercise, whether it is a law's object to do so or its unantici-

569

Page:   Index   Previous  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  Next

Last modified: October 4, 2007